Do I need a K-1 fiance visa if we are not staying in the US

[Gus45 2]

Such evidence that would support ties back to the phillipines include pay stubs from your employer, any lease agreements held and of course a return airline ticket

[LionessDeon 2,060]

If you announce to immigration or they find out you're coming to USA to get married it could very well cause issues upon entry using a tourist visa.

I would think they would think there's immigration intent and be likely to turn u away. Just my opinion.

[J&Cmay2016 4]

My family is bigger than his so its easier for him to fly his mom and dad out here for the wedding than for me to fly my family over there. Also, when I looked into it the info I found said that since neither one of us are from the Philippines we couldn't do it there. Perhaps the info I got was wrong?

[aaron2020 11,651]

My family is bigger than his so its easier for him to fly his mom and dad out here for the wedding than for me to fly my family over there. Also, when I looked into it the info I found said that since neither one of us are from the Philippines we couldn't do it there. Perhaps the info I got was wrong?

It would easier for US citizens to travel to the Philippines than for his family from India or the PI to fly to the US because US citizens do not need visas for stays of less than 30 days while his foreign family would need to apply for US visitor visas.

Flying is not the barrier. Needing visas is the barrier.

Lacking visitor visas is why so many K-1 visa holders end up marrying without any family members present at their weddings. It's not an easy task to get visitor visas.

Edited June 5, 2016 by aaron2020

[morozek 1]

My family is bigger than his so its easier for him to fly his mom and dad out here for the wedding than for me to fly my family over there. Also, when I looked into it the info I found said that since neither one of us are from the Philippines we couldn't do it there. Perhaps the info I got was wrong?

Yes and no. The K1 is not appropriate because you don't intend to immigrate there at this time. It's perfectly acceptable to marry on B1/B2--it's still a vacation, like going to Vegas.

Here's what the U.S. Embassy in Paris says on their website:

"Do I need a fiancé(e) (K1) visa if I want to travel to the United States to marry and then return to a residence abroad?

In general, no. If you intend to make a short visit to the United States to marry and then return to a residence abroad you do not need a fiancé(e) visa. You should apply for a B2 (visitor for pleasure) non-immigrant visa. When you arrive in the United States under B2 status, you will have to prove to the immigration officer at the port of entry that you intend to make a short visit to the U.S. with the intention to marry, followed by a return to a foreign residence."

(http://france.usembassy.gov/iv-faqs.html)

[morozek 1]

My family is bigger than his so its easier for him to fly his mom and dad out here for the wedding than for me to fly my family over there. Also, when I looked into it the info I found said that since neither one of us are from the Philippines we couldn't do it there. Perhaps the info I got was wrong?

I just re-read the thread and think I misunderstood what you were saying here--you were talking about not being able to get married in the Philippines since neither one of you is a Philippine citizen?

You can most certainly do it, although some rural communities (who haven't seen it yet) are less likely to understand that it is allowable by law.

Article 21 of the Family Code of the Philippines states: "When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials." That means each of you will need to make a trip to your respective embassies. The U.S. Embassy calls it a "Certificate of Legal Capacity to Contract Marriage."

See http://www.abogadomo.com/law-professor/law-professor-archives/foreigners-and-marriage-in-the-philippines, and http://www.chanrobles.com/executiveorderno209.htm#.V1Uul-SL86E

[J&Cmay2016 4]

Yes and no. The K1 is not appropriate because you don't intend to immigrate there at this time. It's perfectly acceptable to marry on B1/B2--it's still a vacation, like going to Vegas.

Here's what the U.S. Embassy in Paris says on their website:

"Do I need a fiancé(e) (K1) visa if I want to travel to the United States to marry and then return to a residence abroad?

In general, no. If you intend to make a short visit to the United States to marry and then return to a residence abroad you do not need a fiancé(e) visa. You should apply for a B2 (visitor for pleasure) non-immigrant visa. When you arrive in the United States under B2 status, you will have to prove to the immigration officer at the port of entry that you intend to make a short visit to the U.S. with the intention to marry, followed by a return to a foreign residence."

(http://france.usembassy.gov/iv-faqs.html)

Thank you this was very helpful!

[J&Cmay2016 4]

Thanks aaron2020,

That was helpful, however we had both agreed on a wedding here in the US because the in country wait time to process the marriage license was shorter than in the Phil's and the process of applying is simpler as well. I was worried about being there too long without a job or anything while everything was getting processed. Since we would be required to do marriage counseling and family planning classes in order to get the license and I was under the impression that would take a while.

Also, since his parents would need a visa either way, the US seemed the better option so we don't have to fly both our families out there to the Phil's.

Edited June 6, 2016 by J&Cmay2016